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INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 124 Limitation on powers of Commission relating to payments in relation to periods of industrial action

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 124

Limitation on powers of Commission relating to payments in relation to periods of industrial action
124. (1) Subject to this section, the Commission is not empowered to deal with
a claim for the making of a payment to employees in relation to a period,
whether before or after the making of the claim, or before or after the
commencement of this section, during which those employees engaged, or engage,
in industrial action.

(2) Subsection (1) does not prevent the Commission dealing with a claim for
the making of a payment to employees in relation to a period before the making
of the claim but after the commencement of this section during which those
employees were engaged in industrial action where the Commission is satisfied
that the industrial action was justified by a concern on the part of the
employees:

   (a)  that was reasonable;

   (b)  that was about their health or safety; and

   (c)  that arose in relation to matters within the reasonable responsibility
        of the employer concerned.

(3) Where the Commission is satisfied as to the matter mentioned in subsection
(2) in relation to some, but not all, of the employees, the Commission is only
empowered to deal with so much of the claim as relates to the employees in
relation to whom the Commission is satisfied.